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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10221
Experience:  Civil litigation attorney for individuals and businesses.
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Can we sue our HOA enforcing their policies and

Customer Question

Can we sue our HOA for not enforcing their policies and letting our neighborhood go to heck? I pay my dues and there are violations all around me and they do nothing.
Submitted: 6 months ago.
Category: Legal
Expert:  CalAttorney2 replied 6 months ago.
If the HOA is failing to enforce the rules of the governing documents (Articles of Incorpration, By-Laws, CC&Rs, etc.), yes, you can sue for breach of contract, negligence, and arbitrary and capricious, or selective enforcement.Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.
Customer: replied 6 months ago.
What type of attorney would we look for to help us with a suit?
Expert:  CalAttorney2 replied 6 months ago.
A civil litigation attorney. There are civil litigation attorneys that specialize in HOA matters (most represent both HOAs and Owners, so any of the smaller firms, or solo practitioners that advertise themselves as "common interest development" "condo association" or "HOA" law attorneys as part of their practice, should be well suited to represent you).You can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).

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